The Constitution

The two most quoted and misquoted scriptures in our part of the world are the New Testament and the U.S. Constitution. Aside from purchasing spiritus fermenti on certain “holy” days, biblical lore hasn’t had much effect on me. But Constitutional interpretations are another matter. Some of them, which I’d describe euphemistically as unique, are worth more than a passing glance.

Those who invoke this document do it as they would the bible, as a decision made by a single entity, and in a voice not unlike the one that spoke to Charlton Heston in the Ten Commandments. But the Constitution is only a parchment cobbled together by humans, representatives of the thirteen colonies, who disagreed on a lot of what they were signing. To think of it as an agreement by a group of wise men, speaking in one voice is wrong. 

I’m amused by arguments based on alleged statements by individual signers, years after the event, offered as evidence of “original intent.” This is silly! James Madison could have been quoted after a bad day at the office or a spat with Dolly. In any case it’s not what he said later in retrospect, but what he had already signed that matters. In this signing he was joined by a bunch of other guys, only guys in those days, who agreed on enough to get a Constitution written and approved. If I have it right, the filibuster wasn’t in fashion or hadn’t been invented.

What the Founding Fathers put on paper, along with amendments by their successors, at times needs a judicial opinion, often made in a context compatible with the judge’s prejudice. The Second Amendment is a case in point. The prevailing 5 to 4 judicial opinion is based on the closing words, “the right of the people to bear and keep arms shall not be infringed.” Fair enough so far, but only if one ignores the opening words! “A well regulated militia being necessary to the security of a free state….” Fellahs, you’re supposed to read the whole thing, preferably from the beginning. It’s only one 27 word sentence and you’re skipping 13. The Founding Fathers weren’t throwing words around for fun. Original intent was based on knowledge of 18th Century musketry which didn't have anything like assault weapons in ts manual

My, how I digress! All this ancient wisdom was penned by “folks” like us in many ways. The more things change the more they stay the same. I wonder if locker room talk at the Constitutional Convention concerned plans to make George Washington a one term president.